Sunday, April 15, 2007

Free Speech and the Presidential Forum

Can members of the president's staff lawfully remove from a presidential forum people who they believe may be disruptive because they had antiwar bumper stickers on their car when they arrived?

Here's the story.

It involves first amendment protections on the one hand and public order issues on the other. The caveat is that this was not an actual disruption, but the prevention of possible disruption by the inclusion in the hall of people with obviously different points of view. This will be good material for my 2301's as we get into civil liberties this week.

As an aside: How would Scalia and Roberts rule on this question. Remember that they argued that the state of Massachusetts lacked standing to sue the EPA because global warming posed a potential threat, not one that has caused any real harm to the state at the moment. Would they rule that for the ejectees since they did not in fact cause a disruption?